Lex Fori Philippines

Law, lawyering and everything in between.

  • Pages

  • Subscribe

  • Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 129 other followers

  • DISCLAIMER

    Any opinion, information or remark made on this site, including any response to queries or comments posted, should not be regarded as a complete and authoritative statement of the law. There is no warranty as to the completeness or accuracy of the information and the authors will not be liable for any loss or damage relating to the use or reliance thereon. A grain of salt is recommended. No recipient of any information or content from this site should act or refrain from acting on the basis of such information or content. Consult your favorite legal representative. Use of this website does not and will not create any legal relationship between the authors and the receiver/user/reader and any lawyer-client privilege will not apply.

May a married woman, who has chosen to adopt her husband’s surname in her passport, be allowed to revert to her maiden name when she renews her passport?

Posted by lexforiphilippines on May 20, 2010

A married woman is not prohibited from using her maiden name upon marriage; she has an option, not a duty, to use her husband’s surname (Article 370, Civil Code; Yasin vs. Hon. Judge Shari’a District Court, 311 Phil. 696, 707 [1995]).  Accordingly, a married woman who applies for a passport for the first time is allowed to use her maiden name.  If she opts to adopt her husband’s surname in her passport, she may not revert to the use of her maiden name, except in the following instances as enumerated in Section 5(d) of Republic Act No.  8239 or the Philippine Passport Act of 1996: (1) death of husband, (2) divorce, (3) annulment, or (4) nullity of marriage.  In other words, she may not revert to the use of her maiden name in her replacement passport as long as her marriage subsists.  So said the Supreme Court in the case of Remo vs. Secretary of Foreign Affairs (G.R. 169202; 5 March 2010)

(Click on Digested Cases under Tools to find a summary of the case of Remo vs. Secretary of Foreign Affairs G.R. 169202; 5 March 2010.)

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: